Personal Injury Claim

February 3, 2022

Data From NHTSA Shows Traffic Crash Fatalities on The Rise for the First 9 Months of 2021 | Florida Auto Accident Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has released its preliminary data for January-September (the first nine months of the year) for 2021.

Their projections estimate that 31,720 people died in motor vehicle traffic crashes for the first nine months of 2021, which is about a 12% increase from the first nine months of 2020.

This projection is not just higher than 2020 or even 2019. It is actually the highest number of fatalities during the first nine months of any year since 2006 AND the largest percentage jump during the first nine months in the history of the Fatality Analysis Reporting System.

December 30, 2021

New Year’s Eve Brings Added Risks for Uber & Lyft Drivers | Florida Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

Using a rideshare service, like Uber or Lyft following a party or big night out at the bar or club on New Year’s Eve is a responsible thing for someone to do after they have been drinking. NYE is a busy time and Uber and Lyft drivers are placed at a disadvantage when it comes to maneuvering roads shared with drunk drivers.

If you drive for Uber or Lyft, then our Florida Injury Lawyers at Whittel & Melton urge you to stay alert for drunk drivers on the roadways. We know this is a popular time to work and make some good money, the tradeoff is that there are risks of running into drunk drivers and other negligent drivers on the roads.

Every rider you pick up and drop off means one less drunk driver on the roads, which is great, but not everyone will make the responsible decision to get a sober ride home, so we encourage you to stay alert and brush up on some safety tips, especially if you are not accustom to driving late night/early morning hours.

December 10, 2021

Avoid a Christmas Tree Fire This Holiday Season | Florida Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

The tradition of a real Christmas tree may be something your family enjoys partaking in every year. Loading everybody up in the car and heading to the tree farm to select your perfect tree, chop it down, and bring it home to decorate might be what Christmas means to you. Fresh trees smell great and can be quite charming, but you may not realize that real trees can be very hazardous when they are dry. A dry tree combined with fireplaces, hot Christmas lights, and any other sources of heat can be a recipe for real disaster. In fact, the National Fire Protection Association has said that dry Christmas trees can quickly turn into a rapidly spreading fire that burns even faster than paper. If your version of Christmas involves a live tree, then you need to know how to prevent a tree fire from ruining your holiday.

How Do Dry Trees Lead to a Fire?

Take a look at this video published by the National Fire Protection Association to see just how hazardous an unwatered Christmas tree can really be.

What starts as a small flame quickly demolishes the tree in just a few seconds. At 30 seconds, the entire room is engulfed in a blaze. This is how Christmas tree fires happen every year and devastate families holiday traditions.

How to Prevent Christmas Tree Fires

Perhaps the most logical answer for this is to just water your live tree. Trees that are hydrated are much less likely to start a blaze.

Live Christmas trees must be watered daily. Many people do not realize that their live tree needs water every single day. Research indicates that 70% of people with live trees are unaware that their tree needs water daily. Only 45% of people with live trees actually water them daily, so there is a huge risk of fires happening in households all across Florida and the rest of the U.S.

While you want to make sure that your Christmas tree is watered daily, you also want to make sure that you are purchasing a hydrated tree before you get it home. You can do this by only buying a tree that has been freshly chopped. Trees that have been previously cut weeks ago have been losing water and because of their dehydrated state, it can be much more difficult to get them hydrated so that they do not pose risk of catching fire.

In addition to watering your tree, you can also follow these tips to prevent a fire:

Make sure all lights do not have loose connections or any frayed cords
Just use one extension cord for your tree lights so that nothing gets too tangled
Turn the lights off on your tree every day/night before leaving or going to sleep
DO NOT place candles near your tree
Keep your tree AT LEAST THREE FEET from any heat source
By observing the above tips, you can make sure your holiday goes smoothly.

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July 1, 2021

Avoid Injuries This Fourth of July | Florida Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

July Fourth weekend is upon us and there may be no better way to spend the summer holiday than surrounded by your family and friends taking in fireworks, grilling, swimming, or even boating in one of Florida’s abundant waterways. As most COVID-19 restrictions have been lifted, this year’s Fourth of July festivities will be in full swing. As you and your family/friends prepare for a fun-filled weekend, our Florida Injury Lawyers at Whittel & Melton urge you to also think about your safety and plan accordingly. Here are some tips for staying safe this holiday weekend:

#1: Fireworks Should Be Left to Professionals

Sparklers and other common fireworks can be quite dangerous when used incorrectly. Sparklers are usually thought to be harmless, but did you know that these handheld fireworks can reach smoldering temps of 1,800 degrees Fahrenheit? Such high temps can easily lead to severe burn injuries, especially for children handling these without supervision. We want you and your loved ones to remain safe this Fourth of July, so please take in a professional fireworks show instead of attempting to light your own fireworks.

June 28, 2021

9 Dead, 150 More Still Unaccounted for in Surfside Condo Collapse | Miami Personal Injury and Wrongful Death Lawyers Whittel & Melton

by Whittel & Melton, LLC

On Thursday, a partial collapse of a Champlain Towers South, a condo building in Surfside, Florida, occurred that is currently under investigation. The 12-story building resulted in multiple deaths and at least 150 more people missing.

First responders and firefighters are conducting a search and rescue mission for all survivors and federal agencies are assisting on the state and local level.

Partial Collapse of Champlain Towers South

March 2, 2020

Disney Jungle Cruise Boat Sinks with Passengers | Whittel & Melton

by Whittel & Melton, LLC

The Jungle Cruise ride at Walt Disney World had a mishap last Thursday, which resulted in several passengers sinking with the boat.

According to reports, around midday on Thursday, one of the boats used in the classic Jungle Cruise ride at the Orlando theme park started sinking while filled with passengers.

Witnesses documented the mishap on social media, showing guests still standing inside the boat as the water slowly rose around their legs. All those on board were safely rescued, but later images captured the vessel nearly completely submerged, its canopy roof still visible and what appears to be a lone park employee on board.

The ride, located in Magic Kingdom’s Adventureland area, is for all ages and lasts approximately 10 minutes, according to the official Disney World website, which describes it as a “journey that you won’t soon forget.”

A Disney spokesperson said employees immediately engaged the Reedy Creek Fire Department to respond to the event.

Everyone made it off the boat safely, and staff members worked individually with the guests to ensure the rest of their park visit went smoothly, the representative said. The attraction has since reopened.

According to the official description of the ride, visitors can “Board a canopied tramp steamer piloted by your trusty skipper, who will expertly navigate you through some of the world’s most treacherous waters.”

The beloved attraction is best known for its quirky skippers, who entertain guests with jokes throughout the riverboat excursion. Animatronic wildlife can also be seen along the banks.

Jungle Cruise is set to be adapted into Jungle Cruise the movie this summer. It will star Dwayne Johnson and Emily Blunt and comes to theaters July 24.

When you and your family head to Walt Disney World for a day of fun or an entire week of vacation, you are expecting fun and adventure, not a perilous journey through the parks. Your trip to Walt Disney World can be quickly cut short when a dangerous condition presents itself and your or a loved one suffers an injury. If you have suffered an injury at Walt Disney World or any of its parks, you may be eligible for financial compensation for the suffering you have endured as a result of the accident. When you are injured at a theme park, like Walt Disney World, it is of the utmost importance to discuss your case with an experienced personal injury attorney as soon as possible.

Walt Disney World is comprised of four parks and two water parks: Magic Kingdom, Animal Kingdom, Disney Hollywood Studios, Epcot, Typhoon Lagoon, and Blizzard Beach. Walt Disney World is also the home of more than 20 resort hotels as well as a shopping and dining area called Disney Springs. Park staff must be always on the lookout for any dangerous conditions that could arise and harm a guest. Due to the fact that Walt Disney World is such a large venue and so busy, it is easy for visitors and guests to become seriously injured when an accident happens. There are numerous injuries that can occur on Disney property, including the following:

Mechanical parts failure on rides
Inadequate security
Improperly trained ride operators
Inadequate maintenance of rides
Food poisoning
Hotel injuries
Swimming pool drowning accidents
Animal attacks and bites
Slip and fall accidents
Sexual assault
Bus and monorail accidents
Wrongful death

If you have been injured or harmed at Walt Disney World, our Florida Disney World Injury Attorneys at Whittel & Melton are here to help. Our firm is ready to take on your case and help you recover financial compensation for your injuries. You may be entitled to recover monetary damages for your medical bills, lost wages, emotional distress, and more.

Walt Disney, much like Universal and Legoland, are very large corporations who handle risk and liability on a daily basis, not just with injuries and death, but also employment claims, discrimination, fraud, etc. They have all developed a very sophisticated regime for handling claims as any corporation would after decades of monitoring, settling and resolving these disputes. No Florida attraction is perfect and no case is perfect, but with our experience and our preparation, specifically as it relates to Disney World and its other Florida amusement parks, we feel very confident in handling your matter.

December 11, 2019

Zantac Recalled Due to Possible Cancer Risk

by Whittel & Melton, LLC

Within the last few months, multiple ranitidine and Zantac manufacturers recalled their products due to concerns that they contain high levels of NDMA, a likely carcinogen.

Zantac is sold by the manufacturer Sanofi, as well as generically under the name ranitidine.

Sanofi, manufacturer of Zantac, said it would be recalling the over-the-counter medication in both the United States and Canada. It has been recalled from major chain pharmacies such as CVS, Walgreens, and Walmart. This comes on the heels of the Food and Drug Administration alert to the public that the drug contains low levels of a cancerous contaminant, NMDA.

What Is NDMA?

NDMA is used in aviation, rocket fuel, and industrial lubricants. It is also a by-product of several industrial processes, including gasoline refining and the treatment of wastewater containing nitrogen.

NDMA has also been used for inducing carcinogenesis in laboratory rats for cancer research. NDMA may also be found in a number of food products, such as cured meats, and is an ingredient in tobacco fumes. Research shows that NDMA does not appear to accumulate in tissues.

Under the federal Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), NDMA is classified as “extremely hazardous.” Due to this danger, there are strict reporting requirements for companies and individuals who produce, store, or use the substance in large amounts.

Zantac Class Action Lawsuits

Recently, two class-action lawsuits were filed against Zantac manufacturer Sanofi-Aventis LLC and Boehringer Ingelheim Pharmaceuticals, who previously held rights to Zantac, with plaintiffs claiming that the companies knowingly put patient health at risk. Lawsuits filed against the manufacturer maintain that Zantac contains levels of NDMA that are 26,000 times higher than the levels allowed by the FDA. In the recent past, several blood pressure medications that were found to contain the cancer-causing contaminant NDMA were recalled from the market.

According to studies of the contaminant NDMA (N-nitrosodimethylamine), possible side effects of ingestion are:

Bladder Cancer
Colorectal Cancer
Esophageal Cancer
Intestinal Cancer
Kidney Cancer
Liver Cancer
Ovarian Cancer
Pancreatic Cancer
Stomach Cancer
Testicular Cancer
Uterine Cancer

In addition to being linked to various cancers, NDMA is also a potent hepatotoxin. This means that short-term exposure to NDMA can cause liver damage, like scarring and liver fibrosis. Long-term exposure can increase the risk of liver, kidney, and lung tumors.

Symptoms of overexposure to NDMA may include headaches, fever, nausea, jaundice, vomiting, abdominal cramps, enlarged liver, reduced function of the liver, kidneys and lungs, and dizziness.

Other adverse effects that have been associated with Zantac include:

Nervous system disorders
Arrhythmia or tachycardia (irregular or rapid heartbeat)
Vitamin B-12 deficiency
Hepatitis
Liver failure
Jaundice
Increased risk of pneumonia
Low platelet levels in the blood
Skin rashes
Hair loss

What Should You Do?

The FDA and other institutions across the country will continue to investigate ranitidine for more information regarding any impurities. As of now, the FDA has not called for people to stop using the medication. With that said, the drug is only supposed to be used for short-term relief.

If you have been taking ranitidine for a long time, we encourage you to speak with your doctor as soon as possible about whether you should continue taking the drug. Your doctor may recommend that you start taking utilizing different medications, like other drug classes or another H2 blocker.

Based on the studies conducted up to now, there is no proof that NDMA impurities impact other H2 blockers or other heartburn medications. Studies conducted by the FDA found that the following medicines do not contain NDMA:

Pepcid (famotidine)
Tagamet (cimetidine)
Nexium (esomeprazole)
Prevacid (lansoprazole)
Prilosec (omeprazole)

While antacids may be effective for heartburn relief, there are other lifestyle changes that can help provide you with some relief. Avoiding certain foods and drinks can help ease heartburn episodes.

Have You Taken Zantac or Other Ranitidine Heartburn Drugs?

Our Florida Zantac Lawsuit Attorneys at Whittel & Melton are investigating claims related to the contamination of Zantac and generic heartburn drugs made from ranitidine. If you have suffered any adverse effects after taking Zantac, filing a claim against the manufacturers of Zantac and generic ranitidine could help you recover financial compensation for:

Pain and suffering
Medical bills
Past lost wages
Future lost wages
Permanent or temporary disability
Punitive damages
Loss of enjoyment of life

November 11, 2019

Florida Woman Files Suit After Liquid Nitrogen Served in Her Drink Causes Health Complications

by Whittel & Melton, LLC

A Florida woman has filed a lawsuit after having her gall bladder and parts of her stomach removed after a waiter put liquid nitrogen in her drink.

The woman recently filed a lawsuit against The Don CeSar Hotel in St Pete Beach, Florida after a birthday meal last year.

The woman said she went to dinner at the Maritana Grille, on the hotel premises, with one of her best friends on November 11, 2018.

They had just finished their dinner when the woman said she saw a waiter pour a liquid on another customer’s dessert that caused it to “smoke.” After her friend told the waiter that it looked cool, she said he poured the liquid nitrogen into the two women’s glasses of water.

In her lawsuit, the woman says that she became seriously ill “within seconds” of drinking the water with the liquid nitrogen. She never suspected that drinking the water containing the liquid nitrogen was dangerous as “he had just poured it on a dessert.”

An ambulance took the woman to the hospital, where she remained in the intensive care unit for days. She ended up having to have surgery to remove her gallbladder.

According to the lawsuit, the woman also had to have parts of her stomach removed after tissue had been burned by the extremely cold temperature of the liquid nitrogen.

The woman will have lifelong digestion issues and lost 25 pounds as a result.

Liquid nitrogen is a colorless, odorless, clear liquefied form of nitrogen that remains liquid at temperatures of -320 degrees Fahrenheit. It is used as a freezing agent in food preparation and preservation, to process dry herbs and spices and to rapidly chill beverages, as well as for a smoke effect in beverages or foods to “enhance presentation and consumer appeal,” according to the U.S. Food and Drug Administration (FDA).

However, the FDA has warned that liquid nitrogen can be extremely dangerous if consumed and must not be used in ways that make food unsafe for consumers.

“Both liquid nitrogen and dry ice can cause severe damage to skin and internal organs if mishandled or accidentally ingested due to the extremely low temperatures they can maintain,” according to the FDA. “As such, liquid nitrogen and dry ice should not be directly consumed or allowed to directly contact exposed skin.”

In August last year, the FDA issued an advisory warning consumers and retailers of the potential for serious injury from eating, drinking, or handling food products prepared by adding liquid nitrogen immediately before consumption.

This is because the liquid nitrogen “may not completely evaporate before reaching the consumer or may leave the product at an extremely low temperature, posing a significant risk of injury.”

Dining out at a restaurant has the potential to be disastrous when it comes to dangerous ingredients and potential allergens. Even what seems like minor mistakes can have big consequences.

While the circumstances of this case involving liquid nitrogen might be rare, serious injuries and illnesses can and do occur at restaurants. Other issues that can turn your dining experience into a nightmare include:

Food poisoning
Undeclared allergens
Foreign materials in food, like plastic or glass
Burns
Choking and improper CPR efforts

The above issues can be quite traumatic and result in serious injuries that can lead to hefty medical bills, lost wages, and physical and emotional pain and suffering. Let’s say someone has a peanut allergy and orders a dessert that they are told does not contain nuts. If they are served the wrong dessert they could suffer a life-threatening allergic reaction, leading to hospitalization. Restaurant owners invite guests onto their premises. Therefore, they are responsible for any foreseeable injuries or damages. In order to hold them legally accountable for any injuries, the damage must have been predictable or preventable. If a server knowingly serves a beverage at a scalding hot temperature, the injury to a patron might be foreseeable. However, if a patron spills their water and another person slips and falls within a few minutes, they restaurant may not be liable as the event was unforeseeable, and the staff just did not have enough time to prevent the mishap.

May 15, 2019

Florida Agencies Preparing to Enforce New Texting While Driving Ban

by Whittel & Melton, LLC

Florida’s new distracted driving law, or texting while driving, goes into effect July 1, and law enforcement agencies across the state are preparing for how they will enforce it.

As far as enforcing the rule, a Hillsborough County Sheriff’s spokesperson said it will be done on a case-by-case basis.

The Sheriff’s Office said texting violations will be treated like any other primary offense traffic violation.

Deputies expect challenges from drivers trying to find loopholes around getting a citation, because they exist.

According to officials, drivers can still use their GPS, look at weather or traffic alerts, or call in an emergency.

Traffic judges might see more work as a result.

Pinellas County Sheriff’s officials said their enforcement will go through an education period. They’ll give out a warning the first time.

But drivers better make changes, because getting pulled over multiple times for texting while driving will end up in a ticket.

A hands-free requirement while driving in school and work zones goes into effect in October.

Citations will not be handed out for this violation until January 1, 2020.

This new law that makes texting while driving a primary offense as opposed to a secondary offense is meant to curb dangerous and deadly behavior while behind the wheel. Distracted driving accounts for more teen deaths than drunk driving, and kills 9 people of all ages every day across the U.S., according to the Centers for Disease Control and Prevention. Car crashes in Florida rose by 11 percent from 2013 to 2016, but collisions caused by problems stemming from distracted driving, like drifting out of a lane, sideswiping another car or simply blowing through a stop sign, increased by 40-50 percent.

If you or someone you love has been injured in a distracted driving accident, our Florida Injury Attorneys at Whittel & Melton can investigate your crash thoroughly and determine if the other driver involved in your accident was using their cellphone or otherwise driving while distracted. We will use this evidence to establish that the other driver was indeed at fault, which may result in a more favorable outcome when pursuing financial compensation.

May 9, 2019

Parents of 2-Year-Old who Drowned in Pond File Wrongful Death Lawsuit

by Whittel & Melton, LLC

The parents of a 2-year-old boy who drowned in a Baker County retention pond in April are suing the owner of the property, claiming he failed to install fencing that might have protected their son.

The toddler was found in the pond April 23 after he wandered away from the apartment where he was being watched by his 18-year-old sister while their parents were at work. A neighbor tried to revive the little boy with CPR, but he died at Ed Fraser Memorial Hospital in Macclenny.

The boy died days before his 3rd birthday.

According to court documents, the property owner did not have proper fencing as required by building permits.

The property owner applied Jan. 13, 2016, to the St. Johns River Water Management District for a permit for construction of the retention pond to be used for stormwater treatment, court documents show.

The plans for the retention pond were part of a nearly four-acre storage facility.

Plans submitted to the district detailed the construction of a 6-foot fence with a self-latching gate. A permit for construction was issued two weeks later on Jan. 27, 2016.

The man subsequently built the retention pond, which was completed in March 2017. However, the property owner did not install the fence as detailed in the construction plans, according to reports.

Children are attracted to water placing them at a greater risk of being involved in a drowning or near-drowning incident. Due to this, the law recognizes additional duties that owners of ponds, pools, hot tubs, and other bodies of water must take to protect children. Private property owners as well as public entities that do not take these precautions can be liable for a child’s injuries or death that occur on the property.